h4 & i94 expired. pls help! Urgent!

Hi all,

My wife submitted all the docs for H4 visa stamping on 08/26/03 to the TTS services chennai. She got the visa stamped and returned on 08/28/03. Surprisingly one business day. I have included all possible documents stated above. (This also confirms that expired H1 visa stamping is ok as long as the I94 is valid)
We are happy to share this info with you all.

Thanks
Jay & Rani
 
Employer Comprehensive Letter is from employer that XYZ is working with them on H1b status granted by BCIS. Letter covers the job title, skill set and salary being paid. Employer HR knows what is that letter and what to be written on it. It should be on company letterhead .

I-129 is form that is submitted to BCIS for H1 with approved LCA from DOL, lawyer who filed the H1 may be having copy of the full petition and employer HR may be also having it. Better to take the certified copy of I-129+LCA from lawyer
 
Hello Ginnu,
I have something simliar kind of scenario. Pls help

I changed my wife H1B to H4 after marriage. her Visa got expired after 1 yr. She did not send her passport for revalidation after that. Its been 2 yrs her visa got expired

Note: But we always had valid H4 at any given point of time. Only no visa stamped on her passport and ofcourse never left USA.

Now I sent both passports for visa revalidation.
Do I get any issues? Mine should be fine. I'm just worried about her passport.

I talked to attorney regarding this and was told its OK to not have visa stamped since she did not leave the country and always had valid H1 or H4 without any gap.
I'm still some how not satisfied with that answer

Please let me know
Thanks in advance!
 
Hello Ginnu,
I have something similar kind of scenario. Pls help

I changed my wife H1B to H4 after marriage. Her Visa got expired after 1 yr. She did not send her passport for revalidation after that. Its been 2 yrs her visa got expired
----------- Visa stamp in PP expiry is not the problem, did you extend her H4 status by filing form I-539 with BCIS before her I-94 expired? If you did till what date she has latest I-94 valid? That will decide if she is in status or not
Note: But we always had valid H4 at any given point of time. Only no visa stamped on her passport and ofcourse never left USA.
------------- What do you mean by she has valid H4 status, is she having valid I-94 till date? If her I-94 expired she is staying illegal and out of status if she has valid I-94 till date she is in status, the latest I-94 date decides the H4 status
Now I sent both passports for visa revalidation.
Do I get any issues? Mine should be fine. I'm just worried about her passport.

I talked to attorney regarding this and was told its OK to not have visa stamped since she did not leave the country and always had valid H1 or H4 without any gap.
I'm still some how not satisfied with that answer
--------------- if she has valid I-94 then she is in status but she may NOT be issued H4 visa stamp by DOS because her visa stamp in her passport expired more than 1 year, for revalidation you can send PP for visa revalidation if 60 days remaining on visa expiry or visa stamp is not expired more than 1 year.
R http://travel.state.gov/hlop.html
http://travel.state.gov/visa_services.html
http://www.murthy.com/reissue.htmlead:
 
What do you mean by she has valid H4 status, is she having valid I-94 till date? If her I-94 expired she is staying illegal and out of status if she has valid I-94 till date she is in status, the latest I-94 date decides the H4 status

Thanks a lot Ginnu!!
Yes she has valid I-94 which comes with H4B(BCIS) always when ever I changed my employer or my H1extension.

Are we on same page now?

Please let me know
Thanks in advance
 
I suspect something wrong with your wife I-94 because in other thread you wrote that her I-94 is valid till July 2003 if that is the case she is not in status she should have valid I-94.

What is the validity of her latest I-94?

If that is July 2003 then she is no more on H4 status and she is staying illegally in US because she has expired I-94.

***She should have valid I-94 to stay in US and new I-94 should be valid Beyond September 2003
You wrote that her H4 or H1B visa stamp expired 2 years back in her passport and DOS is not going to approve her H4 visa stamp
 
Hello Ginnu,
The latest I94 which came with new H4B is valid till Feb-04.
Which I sent it for revalidation.

The previous one was valid till JUL-03

Hope this clears your confusion

Please let me know
Thanks
 
You wrote that her H4 or H1B visa stamp expired 2 years back in her passport and DOS is not going to approve her H4 visa stamp

-----Yes this what my concern is. My previous attorney suggested we need to go out of country for stamping since it was changed from H1 to H4. Thats a wrong suggestion he gave.
Since she did not leave the country, never had a chance to apply for visa traveling abroad.

Please let me know
Thanks in advance for your time and help!!
 
Your wife may not get H4 visa stamp, the DOS will send her PP back with all previous Visa stamps cancelled with a stamp” cancelled without prejudice ” with your passport .she may have to apply H4 visa stamp in home country but she can stay in US till she has valid I-94
if she is lucky and they don’t check the date on expired visa stamp she may get but according to DOS rules will be denied visa stamp
 
My daughter's H4 and I-94 expired on 25th Sep 2009 and we are going to India for vacation on 26th Nov. I got my visa transferred in April 2009 and also planning to go for stamping my H1B and daughter's H4.
1.Can I get my daughter's H4 stamped at the same time?
2.Am I going to face any problem in getting her H4 stamped in India?
3.Do I need to file H4 extension for her before going to India?
4.Is there any grace period after expiration of I-94 for H4?
5.Will her stay be considered as illegal till she get the I-94 extension is pending?
6.Is the 180 days that is mentioned in all the above post applicable even after I file for her I94 (I-539) extension.Should she leave US within 180 days even after filling extension and case is pending?
7.Is it an issue if I file for her extension now and go to India on 26th nov and get her h4 stamped when her case for extension is pending in US?
8.Will this affect for green card processing?

Urgent Please advice
 
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